When the torch passes to the new mayor and council members in the Village of Forest Hills on Dec. 8, they’re likely to feel the heat.

The first order of business for new Mayor James Davis and council members Joe Rossano, Richard Iobst, James Wallace and Harold Williford will be a public hearing on a proposal to add two members to the planning board from a recently created extraterritorial jurisdiction that has upset many nearby residents.

On Oct. 22, Forest Hills passed a hotly debated “ridgetop to ridgetop” ETJ ordinance. With the ETJ passed, the village must next alter its nine-member planning board to include two members to represent the ETJ. Jackson County Board of Commissioners will have final say on the new appointees.

While the new members are not required by law to live in the ETJ, outgoing mayor Irene Hooper told county commissioners at a Nov. 14 joint meeting that the village would submit two names from the ETJ for the board’s consideration.

“We don’t have to (select candidates from the ETJ), but we believe we should. It’s the only fair way,” Hooper said.

Forest Hills incorporated in 1997 under the auspices of House Bill 750, “An Act to Incorporate the Village of Forest Hills,” sponsored by former Rep. Charles Beall (D- 52nd District) of Clyde.

This act allowed Forest Hill to incorporate through a simple majority vote without having to provide any services (fire, police, solid waste, roads, etc.) to residents. Once incorporated, the village became eligible for state funds through programs such as the Powell Bill and local sale taxes.

In 1999, the NC General Assembly passed House Bill 964 which prevents a community from incorporating unless it provides residents with at least three basic services such as fire protection, police, street maintenance, solid waste, and/or water and sewer. Forest Hills and other municipalities that don’t offer these services but were incorporated before the 1999 bill are exempt.

Under North Carolina law, incorporated towns may extend ETJ up to one mile beyond town limits by a majority town council vote after holding public hearings. The area in the ETJ receives no town services, pays no town taxes, but is covered by the town’s zoning ordinances and must be represented on the town’s planning board.

Forest Hills’ ETJ plan sparked much debate and dissent in the surrounding community. Responding to community input, Jackson County commissioners last year passed a resolution opposing the plan and asking the General Assembly to reconsider the state’s ETJ law.

Rep. Marge Carpenter (R-52nd District) picked up the banner and introduced House Bill 1291 to “Limit Exercise of ETJ Power” in the 2001 session. The bill would change state statutes.

“The idea of ETJ is not meant for small incorporated areas. It’s not the intent of the law. We need to change the letter of the law to protect our citizens,” Carpenter said.

According to Carpenter, her bill was relegated to the Legislative Research Commission at the eleventh hour when Rep. Phil Haire (D-52nd District) of Sylva voiced opposition. The bill is now in limbo. The commission has the option of reporting during the 2002 regular session or to the 2003 session on whatever findings and recommendations it deems appropriate.

At the last public hearing, which was held over two nights (Oct. 1 and Oct. 22), fuel was added to the ETJ debate when the town council learned of two plans for development within the ETJ. Both commercial developments would not be allowed under the Village’s zoning, which only allows residential development.

Charlotte developer James Epley has plans for a 144-unit apartment complex called Catamount Hollow, and James Hooper and Dukes Planning and Environmental have plans to develop Cox Center, which would include a hotel, conference center, restaurant, condos, gas station and grocery store.

At that meeting, Epley’s and Jim Duke’s pleas to be omitted from the ETJ were denied. Both developers, citing major investments in time and resources, say they are committed to their projects.

Dukes said he hopes the whole community will take a step back and look at the issue. “It’s not a Forest Hills’ issue. It’s a regional growth issue that dovetails with the county’s Smart Growth plan,” Dukes said.

Dukes said he has worked closely with county commissioners and the economic development commission in planning Cox Center.

New Forest Hills councilman Iobst said before the Nov. 14 joint meeting that he felt most on the new board opposed the two developments. Hooper, however, told commissioners that the village had no intent to stop what has been planned.

 

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